This Model NDA is designed for use in Malaysia and provides a standardized framework for protecting confidential information in various business contexts. It is particularly relevant for businesses operating under Malaysian jurisdiction who need to share sensitive information during business negotiations, partnerships, employment relationships, or other commercial arrangements. The document incorporates requirements from key Malaysian legislation, including the Contracts Act 1950 and Personal Data Protection Act 2010, and includes provisions for both physical and digital information protection. This template can be customized for specific industry requirements while maintaining compliance with Malaysian law and business practices.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company registration numbers
2. Background: Context of the agreement and purpose for sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other key terms
4. Disclosure of Confidential Information: Terms governing how confidential information will be disclosed and marked
5. Protection of Confidential Information: Obligations of the receiving party to maintain confidentiality and security measures required
6. Permitted Use: Scope of authorized use of the confidential information and restrictions
7. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
8. Duration and Survival: Term of the agreement and which obligations survive termination
9. Non-Circumvention: Prohibition on using confidential information to circumvent the disclosing party
10. General Provisions: Standard clauses including notices, amendments, severability, and governing law
1. Personal Data Protection: Additional provisions for compliance with PDPA 2010 when personal data is involved
2. Non-Solicitation: Restrictions on soliciting employees or customers, included when business relationships are involved
3. Intellectual Property Rights: Specific provisions regarding IP ownership and rights when IP-sensitive information is shared
4. Export Control: Compliance with export control laws when international transfers of technology are involved
5. Group Company Rights: Extended rights for group companies when parties are part of larger corporate groups
6. Digital Security Measures: Specific requirements for digital security when information is shared electronically
7. Competitive Restrictions: Additional competitive restrictions when sharing commercially sensitive information
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific purposes for which confidential information may be used
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Financial Services
Healthcare
Professional Services
Real Estate
Energy
Telecommunications
Education
Retail
Biotechnology
Construction
Media and Entertainment
Automotive
Agriculture
Relevant Teams
Legal
Human Resources
Executive Leadership
Business Development
Research and Development
Information Technology
Finance
Operations
Procurement
Corporate Strategy
Mergers and Acquisitions
Innovation
Product Development
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Legal Counsel
Business Development Manager
Human Resources Director
Project Manager
Research and Development Director
Chief Technology Officer
Procurement Manager
Investment Manager
Operations Director
Chief Financial Officer
Strategy Consultant
Business Analyst
Department Head
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